[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

118 STAT. 811

Public Law 108-271
108th Congress

An Act


 
To provide new human capital flexibilities with respect to the GAO, and
for other purposes. NOTE: July 7, 2004 -  [H.R. 2751]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, NOTE: GAO Human
Capital Reform Act of 2004.

SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 31.

(a) NOTE: 31 USC 701 note. Short Title.--This Act may be cited
as the ``GAO Human Capital Reform Act of 2004''.

(b) Amendment of Title 31.--Except as otherwise expressly provided,
whenever in this Act an amendment is expressed in terms of an amendment
to a section or other provision, the reference shall be considered to be
made to a section or other provision of title 31, United States Code.

SEC. 2. AMENDMENTS TO PUBLIC LAW 106-303.

(a) Authorities Made Permanent.--Sections 1 and 2 of Public Law 106-
303 (5 U.S.C. 8336 note and 5597 note) are amended by striking ``for
purposes of the period beginning on the date of the enactment of this
Act and ending on December 31, 2003'' each place it appears and
inserting ``October 13, 2000''.
(b) Sense of Congress.--
(1) Voluntary early retirement authority.--Section 1 of
Public Law 106-303 NOTE: 5 USC 8336 note. is amended by
adding at the end the following:

``(e) Sense of Congress.--It is the sense of Congress that the
implementation of this section is intended to reshape the General
Accounting Office workforce and not downsize the General Accounting
Office workforce.''.
(2) Voluntary separation incentive payments.--Section 2 of
Public Law 106-303 NOTE: 5 USC 5597 note. is amended by
adding at the end the following:

``(g) Sense of Congress.--It is the sense of Congress that the
implementation of this section is intended to reshape the General
Accounting Office workforce and not downsize the General Accounting
Office workforce.''.
(c) Additional Limitation Relating to VSIPs.--Section 2(b) of Public
Law 106-303 is amended by striking paragraph (2) and inserting the
following:
``(2) subsection (a)(2)(G) of such section shall be
applied--
``(A) by construing the citations therein to be
references to the appropriate authorities in connection
with employees of the General Accounting Office; and
``(B) by deeming such subsection to be amended by
striking `Code.' and inserting `Code, or who, during the

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118 STAT. 812

thirty-six month period preceding the date of
separation, performed service for which a student loan
repayment benefit was or is to be paid under section
5379 of title 5, United States Code.';''.

SEC. 3. ANNUAL PAY ADJUSTMENTS.

(a) Officers and Employees Generally.--Paragraph (3) of section
732(c) is amended to read as follows:
``(3) except as provided under section 733(a)(3)(B) of this
title, basic rates of officers and employees of the Office shall
be adjusted annually to such extent as determined by the
Comptroller General, and in making that determination the
Comptroller General shall consider--
``(A) the principle that equal pay should be
provided for work of equal value within each local pay
area;
``(B) the need to protect the purchasing power of
officers and employees of the Office, taking into
consideration the Consumer Price Index or other
appropriate indices;
``(C) any existing pay disparities between officers
and employees of the Office and non-Federal employees in
each local pay area;
``(D) the pay rates for the same levels of work for
officers and employees of the Office and non-Federal
employees in each local pay area;
``(E) the appropriate distribution of agency funds
between annual adjustments under this section and
performance-based compensation; and
``(F) such other criteria as the Comptroller General
considers appropriate, including, but not limited to,
the funding level for the Office, amounts allocated for
performance-based compensation, and the extent to which
the Office is succeeding in fulfilling its mission and
accomplishing its strategic plan;
notwithstanding any other provision of this paragraph, an
adjustment under this paragraph shall not be applied in the case
of any officer or employee whose performance is not at a
satisfactory level, as determined by the Comptroller General for
purposes of such adjustment;''.

(b) Officers and Employees in the Office Senior Executive Service.--
Subparagraph (B) of section 733(a)(3) is amended to read as follows:
``(B) adjusted annually by the Comptroller General
after taking into consideration the factors listed under
section 732(c)(3) of this title, except that an
adjustment under this subparagraph shall not be applied
in the case of any officer or employee whose performance
is not at a satisfactory level, as determined by the
Comptroller General for purposes of such adjustment;''.

(c) Conforming Amendment.--Section 732(b)(6) is amended by striking
``title 5.'' and inserting ``title 5, except as provided under
subsection (c)(3) of this section and section 733(a)(3)(B) of this
title.''.

SEC. 4. PAY RETENTION.

Paragraph (5) of section 732(c) is amended to read as follows:
``(5) NOTE: Regulations. the Comptroller General shall
prescribe regulations under which an officer or employee of the
Office shall be entitled to pay retention if, as a result of any
reduction-in-force or

[[Page 813]]
118 STAT. 813

other workforce adjustment procedure, position reclassification,
or other appropriate circumstances as determined by the
Comptroller General, such officer or employee is placed in or
holds a position in a lower grade or band with a maximum rate of
basic pay that is less than the rate of basic pay payable to the
officer or employee immediately before the reduction in grade or
band; such regulations--
``(A) shall provide that the officer or employee
shall be entitled to continue receiving the rate of
basic pay that was payable to the officer or employee
immediately before the reduction in grade or band until
such time as the retained rate becomes less than the
maximum rate for the grade or band of the position held
by such officer or employee; and
``(B) shall include provisions relating to the
minimum period of time for which an officer or employee
must have served or for which the position must have
been classified at the higher grade or band in order for
pay retention to apply, the events that terminate the
right to pay retention (apart from the one described in
subparagraph (A)), and exclusions based on the nature of
an appointment; in prescribing regulations under this
subparagraph, the Comptroller General shall be guided by
the provisions of sections 5362 and 5363 of title 5.''.

SEC. 5. RELOCATION BENEFITS.

Section 731 is amended by adding after subsection (e) the following:
``(f) NOTE: Regulations. The Comptroller General shall prescribe
regulations under which officers and employees of the Office may, in
appropriate circumstances, be reimbursed for any relocation expenses
under subchapter II of chapter 57 of title 5 for which they would not
otherwise be eligible, but only if the Comptroller General determines
that the transfer giving rise to such relocation is of sufficient
benefit or value to the Office to justify such reimbursement.''.

SEC. 6. INCREASED ANNUAL LEAVE FOR KEY EMPLOYEES.

Section 731 is amended by adding after subsection (f) (as added by
section 5 of this Act) the following:
``(g) NOTE: Regulations. The Comptroller General shall prescribe
regulations under which key officers and employees of the Office who
have less than 3 years of service may accrue leave in accordance with
section 6303(a)(2) of title 5, in those circumstances in which the
Comptroller General has determined such increased annual leave is
appropriate for the recruitment or retention of such officers and
employees. Such regulations shall define key officers and employees and
set forth the factors in determining which officers and employees should
be allowed to accrue leave in accordance with this subsection.''.

SEC. 7. EXECUTIVE EXCHANGE PROGRAM.

Section 731 is amended by adding after subsection (g) (as added by
section 6 of this Act) the following:
``(h) The Comptroller General may by regulation establish an
executive exchange program under which officers and employees of the
Office may be assigned to private sector organizations, and employees of
private sector organizations may be assigned to the Office, to further
the institutional interests of the Office or Congress, including for the
purpose of providing training to officers and

[[Page 814]]
118 STAT. 814

employees of the Office. Regulations to carry out any such program--
``(1) shall include provisions (consistent with sections
3702 through 3704 of title 5) as to matters concerning--
``(A) the duration and termination of assignments;
``(B) reimbursements; and
``(C) status, entitlements, benefits, and
obligations of program participants;
``(2) shall limit--
``(A) the number of officers and employees who are
assigned to private sector organizations at any one time
to not more than 15; and
``(B) the number of employees from private sector
organizations who are assigned to the Office at any one
time to not more than 30;
``(3) shall require that an employee of a private sector
organization assigned to the Office may not have access to any
trade secrets or to any other nonpublic information which is of
commercial value to the private sector organization from which
such employee is assigned;
``(4) shall require that, before approving the assignment of
an officer or employee to a private sector organization, the
Comptroller General shall determine that the assignment is an
effective use of the Office's funds, taking into account the
best interests of the Office and the costs and benefits of
alternative methods of achieving the same results and
objectives; and
``(5) shall not allow any assignment under this subsection
to commence after the end of the 5-year period beginning on the
date of the enactment of this subsection.

``(i) An employee of a private sector organization assigned to the
Office under the executive exchange program shall be considered to be an
employee of the Office for purposes of--
``(1) chapter 73 of title 5;
``(2) sections 201, 203, 205, 207, 208, 209, 603, 606, 607,
643, 654, 1905, and 1913 of title 18;
``(3) sections 1343, 1344, and 1349(b) of this title;
``(4) chapter 171 of title 28 (commonly referred to as the
`Federal Tort Claims Act') and any other Federal tort liability
statute;
``(5) the Ethics in Government Act of 1978 (5 U.S.C. App.);
``(6) section 1043 of the Internal Revenue Code of 1986; and
``(7) section 27 of the Office of Federal Procurement Policy
Act (41 U.S.C. 423).''.

SEC. 8. REDESIGNATION. NOTE: 31 USC 702 note.

(a) In NOTE: Government organization. General.--The General
Accounting Office is hereby redesignated the Government Accountability
Office.

(b) References.--Any reference to the General Accounting Office in
any law, rule, regulation, certificate, directive, instruction, or other
official paper in force on the date of enactment of this Act shall be
considered to refer and apply to the Government Accountability Office.

SEC. 9. PERFORMANCE MANAGEMENT SYSTEM.

Paragraph (1) of section 732(d) is amended to read as follows:

[[Page 815]]
118 STAT. 815

``(1) for a system to appraise the performance of officers
and employees of the General Accounting Office that meets the
requirements of section 4302 of title 5 and in addition
includes--
``(A) a link between the performance management
system and the agency's strategic plan;
``(B) adequate training and retraining for
supervisors, managers, and employees in the
implementation and operation of the performance
management system;
``(C) a process for ensuring ongoing performance
feedback and dialogue between supervisors, managers, and
employees throughout the appraisal period and setting
timetables for review;
``(D) effective transparency and accountability
measures to ensure that the management of the system is
fair, credible, and equitable, including appropriate
independent reasonableness, reviews, internal
assessments, and employee surveys; and
``(E) a means to ensure that adequate agency
resources are allocated for the design, implementation,
and administration of the performance management
system;''.

SEC. 10. CONSULTATION. NOTE: 31 USC 731 note.

Before the implementation of any changes authorized under this Act,
the Comptroller General shall consult with any interested groups or
associations representing officers and employees of the General
Accounting Office.

SEC. 11. REPORTING REQUIREMENTS. NOTE: 31 USC 719 note.

(a) Annual Reports.--The Comptroller General shall include--
(1) in each report submitted to Congress under section
719(a) of title 31, United States Code, during the 5-year period
beginning on the date of enactment of this Act, a summary review
of all actions taken under sections 2, 3, 4, 6, 7, 9, and 10 of
this Act during the period covered by such report, including--
(A) the respective numbers of officers and
employees--
(i) separating from the service under section
2 of this Act;
(ii) receiving pay retention under section 4
of this Act;
(iii) receiving increased annual leave under
section 6 of this Act; and
(iv) engaging in the executive exchange
program under section 7 of this Act, as well as
the number of private sector employees
participating in such program and a review of the
general nature of the work performed by the
individuals participating in such program;
(B) a review of all actions taken to formulate the
appropriate methodologies to implement the pay
adjustments provided for under section 3 of this Act,
except that nothing under this subparagraph shall be
required if no changes are made in any such methodology
during the period covered by such report; and
(C) an assessment of the role of sections 2, 3, 4,
6, 7, 9, and 10 of this Act in contributing to the
General

[[Page 816]]
118 STAT. 816

Accounting Office's ability to carry out its mission,
meet its performance goals, and fulfill its strategic
plan; and
(2) in each report submitted to Congress under such section
719(a) after the effective date of section
3 of this Act and before the close of the 5-year period referred to in
paragraph (1)--
(A) a detailed description of the methodologies
applied under section 3 of this Act and the manner in
which such methodologies were applied to determine the
appropriate annual pay adjustments for officers and
employees of the Office;
(B) the amount of the annual pay adjustments
afforded to officers and employees of the Office under
section 3 of this Act; and
(C) a description of any extraordinary economic
conditions or serious budget constraints which had a
significant impact on the determination of the annual
pay adjustments for officers and employees of the
Office.

(b) Final NOTE: Deadline. Report.--Not later than 6 years after
the date of enactment of this Act, the Comptroller General shall submit
to Congress a report concerning the implementation of this Act. Such
report shall include--
(1) a summary of the information included in the annual
reports required under subsection (a);
(2) recommendations for any legislative changes to section
2, 3, 4, 6, 7, 9, or 10 of this Act; and
(3) any assessment furnished by the General Accounting
Office Personnel Appeals Board or any interested groups or
associations representing officers and employees of the Office
for inclusion in such report.

(c) Additional NOTE: Applicability. Reporting.--Notwithstanding
any other provision of this section, the reporting requirement under
subsection (a)(2)(C) shall apply in the case any report submitted under
section 719(a) of title 31, United States Code, whether during the 5-
year period beginning on the date of enactment of this Act (as required
by subsection (a)) or at any time thereafter.

SEC. 12. TECHNICAL AMENDMENT.

Section 732(h)(3)(A) is amended by striking ``reduction force'' and
inserting ``reduction in force''.

SEC. 13. EFFECTIVE DATES. NOTE: 31 USC 731 note.

(a) In General.--Except as provided in subsection (b), this Act and
the amendments made by this Act shall take effect on the date of
enactment of this Act.
(b) Pay Adjustments.--
(1) In general.--Section 3 of this Act and the amendments
made by that section shall take effect on October 1, 2005, and
shall apply in the case of any annual pay adjustment taking
effect on or after that date.
(2) Interim authorities.--In connection with any pay
adjustment taking effect under section 732(c)(3) or 733(a)(3)(B)
of title 31, United States Code, before October 1, 2005, the
Comptroller General may by regulation--
(A) provide that such adjustment not be applied in
the case of any officer or employee whose performance is
not at a satisfactory level, as determined by the
Comptroller General for purposes of such adjustment; and

[[Page 817]]
118 STAT. 817

(B) provide that such adjustment be reduced if and
to the extent necessary because of extraordinary
economic conditions or serious budget constraints.
(3) Additional authority.--
(A) In general.--The Comptroller General may by
regulation delay the effective date of section 3 of this
Act and the amendments made by that section for groups
of officers and employees that the Comptroller General
considers appropriate.
(B) Interim NOTE: Applicability. authorities.--
If the Comptroller General provides for a delayed
effective date under subparagraph (A) with respect to
any group of officers or employees, paragraph (2) shall,
for purposes of such group, be applied by substituting
such date for ``October 1, 2005''.

Approved July 7, 2004.

LEGISLATIVE HISTORY--H.R. 2751 (S. 1522):
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HOUSE REPORTS: No. 108-380 (Comm. on Government Reform).
SENATE REPORTS: No. 108-216 accompanying S. 1522 (Comm. on Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Feb. 25, considered and passed House.
June 24, considered and passed Senate.